If parents no longer live together while their children are still minors, they must work out arrangements to share their parental responsibilities. New Jersey allocates both physical custody or parenting time and legal custody or the authority a parent has over a child in a shared custody arrangement.
Many parents focus so much on optimizing the time they have with their children and their schedules for custody exchanges that they do not give legal custody the consideration it truly deserves. The authority that parents have over children grants them the right to enroll them in school, make decisions about their medical care and instruct them about religious matters.
The need to share that authority with a co-parent after the end of a romantic relationship can create very challenging circumstances. What do parents typically need to know about shared legal custody?
Each parent controls their own parenting time
Shared or joint legal custody makes it possible for each adult to make decisions about the children during their parenting time. Neither parent generally controls what happens while the children are with their other parent.
The parent currently meeting the needs of the children decides what time they go to bed, what meals they eat and even when minor medical issues may require medical attention. Both parents should generally respect the authority of the other to make decisions during their parenting time and should not try to interfere in the exercise of that authority.
Major decisions require cooperation
Shared legal custody can create practical challenges for parents. They need to talk with one another about matters related to their children’s health, education and upbringing. When parents share legal custody, there is an expectation that they should agree on major decisions, such as when to change the school that they attend or when elective medical procedures are appropriate for the child.
Disagreements about major decisions can be difficult for parents to settle on their own. In cases where there are disputes about critical parenting choices, parents may need to go to court to either modify the custody order to clarify decision-making authority or have a judge decide what outcome is in the best interest of the children.
Ensuring appropriate standards for shared legal custody can be an important aspect of child custody negotiations. Parents often require support as they attempt to negotiate terms for and adjust to a shared custody arrangement, and that’s okay.